Legal Question in Family Law in Texas

I live in Texas, my 12 year old son told me he no longer wants to see his father. There is a long list of reasons but basically his father does his weekend visits and his Wednesdays but no extended visits such as holidays, and the month in the summer. He has another child with his current wife who he treats differently infront of my son. He cancels visits to go on vacations, which my kids are never invited to. He is not involved in anything in their life other than doing his visits. I do not want to force my son to go. How do I do this with out getting myself in trouble?


Asked on 9/06/12, 9:23 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

There's a problem: a visitation order is never made subject to the child's wishes (I've never read your particular court order, but I'd bet you $100 that it doesn't give the child a right to refuse Dad). You are ordered to surrender the child to Dad if Dad shows up at the scheduled time(s).

I do know a woman who handles it this way (and she is NOT in violation of the court order): When Dad shows up, she opens the front door and says, "Jeffrey doesn't want to go with you. He's in his room. If you want to wrestle him out to your car, go ahead. Come on in."

She HAS complied with her court order by "surrendering the child." If Dad wants to force the child to go, it's up to him.

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Answered on 9/08/12, 4:05 am


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